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rule (2) of Rule 11 of Railway Servants (D&A) Rules, 1968
Circularstaff-establishmentOpen the third-party archive copy
| Type | VCRC archived Railway commercial circular / manual |
|---|---|
| Topic | staff-establishment |
| Archive source | vcrc.in |
Summary
rule (2) of Rule 11 of Railway Servants (D&A) Rules, 1968 The Disciplinary Authority should ensure that :
Text of the circular
129 CHAPTER X INSTRUCTIONS FOR THE GUIDANCE OF OFFICIALS DEALING WITH DISCIPLINARY CASES, APPEALS, REVISION AND REVIEW UNDER THE RAILWAY SERVANTS (DISCIPLINE & APPEAL), RULES 1968. 1001. Responsibility of Disciplinary Authority: The officials dealing with disciplinary action cases should carefully exercise checks at difference stages in order to eliminate procedural defects and to ensure that the extant rules and instructions are not overlooked or violated. A “Model Time Schedule” for finalising departmental proceedings in major penalty cases is given in Para 825 of this Manual. They should keep in mind, among others, the points indicated in the following paras. 1002. Service of charge sheet: (1) It should be ensured that the charge sheet is issued in the prescribed Standard Form, filled and completed in all respects. (2) It should be signed by the Disciplinary Authority or by an officer to whom the power for signing the charge-sheet, on behalf of the competent disciplinary authority, has been delegated constitutionally and legally. (3) If the disciplinary action proposed is for imposition of a major penalty, the charge-sheet shall consist of - (a) a statement of articles of charge framed against the concerned Railway servant, (b) a statement of imputations of misconduct or misbehaviour in support of the articles of charge, (c) a list of documents by which the articles of charge are proposed to be sustained (Relied upon documents), and (d) a list of witnesses by whom the articles of charge are proposed to be sustained; and a covering Memorandum requiring the charged official to submit a reply to the charge-sheet within a specified time. (4) However, if the disciplinary action proposed is for imposition of a minor penalty, the charge-sheet shall comprise only the statement of imputations of misconduct or misbehaviour, and a covering Memorandum requiring the charged official to submit a reply to the charge-sheet within a specified time. (5) The charged official shall be required to acknowledge receipt of the charge-sheet. 1003. Inspection of documents: It should be ensured that the charged official is afforded reasonable opportunity to inspect the relied-upon documents and also the additional documents which, after considering the request of the charged official, have been permitted by the Inquiry Officer. However, the Disciplinary Authority may, for reasons to be recorded by it in writing, refuse permission to inspect any of the additional documents which in its 130 opinion would be against the public interest or security of the State to allow the charged official access thereto. Copies of statements, if any, of the relied-upon witnesses should also be supplied to the charged official if asked for by him. 1004. Reply to charge-sheet: The Disciplinary Authority should ensure that : (i) the charged official is allowed the prescribed time limit to reply to the charge- sheet and that the charged official does not unduly delay his reply; and (ii) the intimation of nomination of defence counsel has been received from the charged official within twenty days from the date of appointment of the inquiry authority in the case of a major penalty charge-sheet. 1005. Consideration of and decision on the reply to the charge-sheet: 1005.1 It is the duty of the Disciplinary Authority to consider the reply to the charge-sheet submitted by the charged official and place on record the reasons in case of non- acceptance of the defence put forward by the charged official. 1005.2 In case no reply is received from the charged official within the stipulated time limit, the Disciplinary Authority may take a decision ex-parte. 1005.3 The course of action to be taken by the Disciplinary Authority will be different in the case of a ‘minor penalty charge-sheet’ and ‘major penalty charge sheet’ as indicated below : (a) Minor Penalty Charge sheet - The Disciplinary Authority, after considering the defence statement or without it if,
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